Common use of Confidentiality and Disclosure Clause in Contracts

Confidentiality and Disclosure. 7.2.1. All persons with HIV or AIDS have the legal right to privacy. An employee is therefore not legally required to disclose his or her HIV status to their employer or to other employees. 7.2.2. Where an employee chooses to voluntarily disclose his or her HIV status to the employer or to other employees, this information may not be disclosed to others without the employee’s express written consent. Where written consent is not possible, steps must be taken to confirm that the employee wishes to disclose his or her status. 7.2.3. Mechanisms should be created to encourage openness, acceptance and support for those employers and employees who voluntarily disclose their HIV status within the workplace, including: (i) encouraging persons openly living with HIV or AIDS to conduct or participate in education, prevention and awareness programmes; (ii) encouraging the development of support groups for employees living with HIV or AIDS; and (iii) ensuring that persons who are open about their HIV or AIDS status are not unfairly discriminated against or stigmatised.